M. SALEEM CHAUDHRY (CHAIRMAN).-The appellant an ex-employee of the Thal Development Authority on his transfer from the aforesaid Authority was absorbed in the Board of Revenue, Punjab, Lahore, w.e.f. 29-6-1971 treating him as a new entrant. The appellant, in this appeal contends that he was entitled to count his service under the Thal Development Authority and pensionary benefits under the Government of Punjab. In this behalf he has relied upon PLD 1972 Lah.
1. The learned Government Pleader, on the other hand, contends that the appellant being a new entrant on his appointment under the Govern--ment could not claim the benefit of his past service towards pension. He submitted that the appellant has already drawn the gratuity and other benefits from the Thal Development Authority and was not entitled to count his service under the T.
D. A. Towards pension under the Government.
2. We have heard both the parties and perused the records. During the course of hearing, it was conceded before us that the appellant was not entitled to any pensionary benefits for the service rendered by him under the T. D. A. He was only entitled to the benefits of gratuity and Contributory Provident Fund which he has already drawn. Thus the entitlement of the appellant to the gratuity and Provident Fund benefits having already been encashed by the appellant have become a past and closed transaction and could not be reopened. Even otherwise according to section 6 of Ordinance XXIX of 1962, the protection made available to the appellant was only to the extent of same pay and increments and no more. Thus the case in hand is clearly distinguishable from the case relied upon by the appellant. In the aforesaid case, the employment of the appellant under the Government was conditioned by the protection that he was entitled to the same terms and conditions as enjoyed by him under the previous employer. We therefore hold that the appellant is not entitled to anything more than what he was drawing under the T. D. A. The appeal has thus no merit and is accordingly dismissed with costs.